FY 2024 H-1B Registration Update

U.S. Citizenship and Immigration Services (USCIS) carried out an initial random selection in March 2023 on properly submitted electronic registrations for the fiscal year (FY) 2024 H-1B cap, including for beneficiaries eligible for the advanced degree exemption. The initial filing period for those with selected registrations for FY 2024 was from April 1, 2023, through June 30, 2023.

Recently, USCIS indicated that in order to fill the H-1B numerical quota for FY 2024, extra registrants must be chosen. USCIS has selected at random from the remaining correctly filed FY 2024 registrations the number of registrations estimated to be required to meet the cap. All potential petitioners with chosen registrations from this round of selection have been informed that they are qualified to submit an H-1B cap-subject petition for the beneficiary listed in the relevant chosen registration.

The H-1B electronic registration process, implemented in 2020 beginning with the FY 2021 H-1B cap, has dramatically streamlined processing by reducing paperwork and data exchange, and provides an overall cost savings to petitioning employers.

Employers used to submit their complete and sometimes lengthy H-1B cap-subject applications to USCIS within a five-day filing window, following which USCIS would randomly choose eligible petitions. Both the petitioners and the agency suffered extra shipping expenditures as a result of this process. By expediting the H-1B cap selection procedure with an electronic registration system, USCIS improved agency efficiency while saving the petitioner’s money.

Y 2024 H-1B Registration Overview
During the initial registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number of registrations submitted compared to prior years. Generally, we saw an increase in the number of registrations submitted, the number of registrations submitted on behalf of beneficiaries with multiple registrations, and the number of registrations submitted on behalf of unique beneficiaries with only one registration. USCIS saw upward trends in the FY 2022 and FY 2023 H-1B registration periods as well.

This chart shows registration and selection numbers for fiscal years 2021-2024 (as of 07/31/2023).

Cap Fiscal Year	Total Registrations	Eligible Registrations*	Eligible Registrations for Beneficiaries with No Other Eligible Registrations	Eligible Registrations for Beneficiaries with Multiple Eligible Registrations	Selections**
2021	274,237	269,424	241,299	28,125	124,415
2022	308,613	301,447	211,304	90,143	131,924
2023	483,927	474,421	309,241	165,180	127,600
2024	780,884	758,994	350,103	408,891	188,400

*The count of eligible registrations excludes duplicate registrations, those deleted by the prospective employer prior to the close of the registration period, and those with failed payments.

** The number of initial selections for FY 2024 – 110,791 – was smaller in than in prior years primarily due to (a) establishing a higher anticipated petition filing rate by selected registrants based on prior years; and (b) higher projected Department of State approvals of H-1B1 visas, which count against the H-1B cap.

Measures to Prevent Registration Process Fraud
There are serious concerns that some may have attempted to gain an unfair advantage by teaming up to submit multiple registrations on behalf of the same beneficiary due to the large number of eligible registrations for beneficiaries with multiple eligible registrations – much larger than in previous years. This could have unjustly improved their selection prospects. USCIS remains dedicated to discouraging and preventing abuse of the registration process and making sure that only those who abide by the law are eligible to submit an H-1B cap petition.

USCIS reminds the public that at the time each registration is submitted, each prospective petitioner is required to sign an attestation, under penalty of perjury, that:

(a) all of the information contained in the registration submission is complete, true, and correct;

(b) the registration(s) reflect a legitimate job offer; and

(c) the registrant, or the organization on whose behalf the registration(s) is being submitted, has not worked with, or agreed to work with, another registrant, petitioner, agent, or other individual or entity to submit a registration to unfairly increase chances of selection for the beneficiary or beneficiaries in this submission.

If USCIS finds that this attestation was not true and correct, USCIS will find the registration to not be properly submitted and the prospective petitioner would not be eligible to file a petition based on that registration. USCIS may deny a petition, or revoke a petition approval, based on a registration that contained a false attestation and was therefore not properly submitted.

Furthermore, USCIS may also refer the individual or entity who submitted a false attestation to appropriate federal law enforcement agencies for investigation and further action, as appropriate.

Based on evidence from the FY 2023 and FY 2024 H-1B cap seasons, USCIS has already undertaken extensive fraud investigations, denied and revoked petitions accordingly, and continues to make law enforcement referrals for criminal prosecution.

USCIS believes that the decreased filing rate for FY 2024 H-1B cap petitions as compared to the three previous fiscal years indicates that these investigations are having an impact. 

The H-1B program is a crucial component of our country’s immigration system and economy, and USCIS is dedicated to carrying out the law and assisting in meeting the shifting demands of the U.S. labor market. USCIS is developing a new H-1B modernization rule that will recommend, among other changes, strengthening the H-1B registration procedure to lessen the likelihood of abuse and fraud in the H-1B registration system.

This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).